JUDGMENT :

The present writ petition has been filed for quashing the letter bearing Ref. No. FS:43: HR-EB: Court Case/2022 dated 20.10.2022 issued by the Deputy General Manager (HR), NTPC Limited, Farakka Super Thermal Power Station (respondent no.8) whereby the petitioner’s representation dated 25.08.2022 filed in pursuance of the order dated 21.07.2022 passed in W.P.(C) No. 1522 of 2022 seeking permanent employment and compensation in lieu of acquisition of his land appertaining to Jambandi no. 4, Dag no. 2 of village-Ghatiari measuring an area of 5 Bighas 16 Kathas 15 Dhurs (hereinafter to be referred as “the said land”), has been rejected.

2. Learned counsel for the petitioner submits that the aforesaid land, which was recorded in the name of the petitioner’s grandfather namely Kaita Kisku, was acquired by the State authorities in the year 1982-83 for NTPC, Farakka Super Thermal Power Station. The respondent no. 6 issued letter dated 25.08.1993 in the name of the petitioner-Madhwa Kisku for appearing in interview which was scheduled to be held 14.09.1993 along with relevant certificates and documents, however the said letter was not served to the petitioner. It is further submitted that one Lakhi Ram Murmu (the respondent no. 9) got the employment in NTPC, Farakka by impersonating himself as ‘Madhwa Kisku’, i.e the petitioner, claiming to be a land loser of the said land. The petitioner after knowing the said fact, submitted representations dated 01.12.2012 and 11.01.2013 before the respondent no.6 alleging that the respondent no.9 got employment by practicing fraud and as such the petitioner should be provided employment in place of the respondent no.9. Thereafter, the Senior Manager (Vigilance) NTPC, Farakka (the respondent no. 7), vide letter no. 116 dated 28.05.2013, directed the petitioner to provide additional documents in support of his claim, pursuant to which, he submitted his statement in the Vigilance Department, NTPC, Farakka on 20.06.2013.

3. It is further argued that on the basis of the complaint of the petitioner, the respondent no.6 initiated preliminary enquiry and after conducting the same, the respondent no.9 was dismissed from service vide order dated 05.08.2014, however the petitioner was not provided employment by the NTPC, Farakka. Thus, he preferred a writ petition being W.P.(C) No. 1522 of 2022 before this Court seeking issuance of direction upon the respondent no. 6 to provide employment as well as to pay compensation in lieu of acquisition of the said land. This said writ petition was disposed by this Court vide order dated 21.07.2022 giving liberty to the petitioner to prefer a fresh representation before the respondent no.6 who was directed to take an appropriate informed decision in accordance with law within a period of two months from the date of filing the said representation after providing opportunity of hearing to the petitioner. Accordingly, the petitioner filed representation dated 25.08.2022 to NTPC, Farakka seeking employment as well as payment of compensation in lieu of acquisition of the said land, however the respondent no. 8, vide impugned order dated 20.10.2022, rejected his claim.

4. It is also submitted that though the brother of the petitioner namely Arjun Kisku had nominated the petitioner for employment when such offer was made by NTPC against the acquired land, but the same was provided to a wrong person i.e. the respondent no.9 without proper verification. The respondent no.9 had obtained employment by impersonating the petitioner in collusion and connivance of the officials of NTPC, Farakka. Despite finding the complaint of the petitioner as true and the respondent no.9 was removed from service of NTPC, Farakka vide order dated 05.08.2014, the petitioner was neither provided employment nor was paid compensation against acquisition of the said land.

5. Per contra, learned counsel appearing on behalf of the respondent nos. 5 to 8 submits that on the complaint of the petitioner,